What is a Separation Agreement?
A California separation agreement is a legal contract between spouses that resolves issues like child custody, support, and property division while they are living apart but still legally married. Unlike a court-ordered legal. separation, a separation agreement is a private, binding contract that can be created without court involvement, although it covers many of the same topics a judge would rule on in a divorce. It addresses financial support (spousal support/alimony), living arrangements for children, and the division of assets and debts.
Key Aspects of A Separation Agreement:
1) Children
Spouses can agree on child custody, visitation schedules, and child support amounts based on guidelines and the children's best interests.
2) Finances
The agreement will detail how finances will be handled during the separation, including living expenses like rent and utilities. It will also establish any spousal support payments (alimony).
3) Property and debts
All marital assets (like real estate and bank accounts) and debts are divided between the spouses.
4) Legally binding
A separation agreement is a legally enforceable contract that resolves all aspects of the separation, similar to what a court would order in a legal separation or divorce.
5) Not a divorce
A separation agreement does not legally end the marriage. Neither spouse can remarry or enter a domestic partnership with another person until they are legally divorced.